What statement is true regarding common law?

What statement is true regarding common law?

• A. Common law is established only by statutory law
• B. Common law may be created when a court decision makes new law
• C. Common law requires a democratic process for creation
• D. Common law is irrelevant to modern legal systems

Answer: (B)

Common law refers to a body of law developed through judicial decisions and precedents rather than through statutes or written legislation. When a court makes a ruling that sets a legal precedent, it can establish new interpretations of existing laws or create entirely new legal principles. This process allows common law to evolve over time as courts interpret and apply legal principles to new situations. The concept of common law being created through court decisions is fundamental to its existence; judges rely on previous rulings to guide their opinions in new cases, establishing a coherent and continuous body of law that reflects societal values and norms. This adaptability makes common law an essential part of the legal system in many jurisdictions, particularly those that derive from English law. In contrast, the other statements do not accurately reflect the nature of common law. It is not solely established by statutory law, does not require a democratic process in its creation, and remains a significant component of modern legal systems rather than being irrelevant. The principle of judges making law through their decisions is what makes common law dynamic and responsive to changes in society.

Common law refers to a body of law developed through judicial decisions and precedents rather than through statutes or written legislation. When a court makes a ruling that sets a legal precedent, it can establish new interpretations of existing laws or create entirely new legal principles. This process allows common law to evolve over time as courts interpret and apply legal principles to new situations.

The concept of common law being created through court decisions is fundamental to its existence; judges rely on previous rulings to guide their opinions in new cases, establishing a coherent and continuous body of law that reflects societal values and norms. This adaptability makes common law an essential part of the legal system in many jurisdictions, particularly those that derive from English law.

In contrast, the other statements do not accurately reflect the nature of common law. It is not solely established by statutory law, does not require a democratic process in its creation, and remains a significant component of modern legal systems rather than being irrelevant. The principle of judges making law through their decisions is what makes common law dynamic and responsive to changes in society.